Constituent Power
Loughlin, M.
(2024).
Constituent Power.
In
Bellamy, R. & King, J.
(Eds.),
Cambridge Handbook Of Constitutional Theory
(pp. 208 - 224).
Cambridge University Press.
https://doi.org/10.1017/9781108868143.016
(2024).
Constituent Power.
In
Bellamy, R. & King, J.
(Eds.),
Cambridge Handbook Of Constitutional Theory
(pp. 208 - 224).
Cambridge University Press.
https://doi.org/10.1017/9781108868143.016
The concept of constituent power emerges alongside that of the modern documentary constitution. It expresses the conviction that the authority of the constitution rests on its having been drafted in the name of ‘the people’ who, through an exercise of their constitution-making power, are the authors of that constitution. Conceiving the constitution as an expression of collective self-government, constituent power is therefore closely associated with the concept of popular sovereignty. This chapter examines how constituent power emerged in modern thought, explains its original meaning, sketches its subsequent evolution in thought, and evaluates the role it continues to play in contemporary constitutional discourse.